On 06/02/2017 JULIETA PAYUMO filed a Personal Injury - Motor Vehicle lawsuit against FELICIA SUZANNE FADLON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.
****3755
06/02/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LAURA A. SEIGLE
AMY D. HOGUE
PAYUMO JULIETA
DOES 1 TO 509
FADLON FELICIA SUZANNE
ROCA JENNA ESQ.
ROCA JENNA RAE
MARTIN FRANCIS
11/16/2018: Minute Order
12/3/2018: Minute Order
12/3/2018: Ex Parte Application
12/3/2018: Order
12/5/2018: Proof of Service by Substituted Service
12/28/2018: Answer
12/28/2018: Demand for Jury Trial
2/25/2019: Proof of Service by Substituted Service
2/25/2019: Declaration
3/4/2019: Minute Order
6/3/2019: Minute Order
6/2/2017: SUMMONS
6/2/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Trial Setting Conference - Held
Minute Order ( (Trial Setting Conference)); Filed by Clerk
at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Taken Off Calendar by Court
Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk
Proof of Service by Substituted Service; Filed by Julieta Payumo (Plaintiff)
Declaration (of Jenna R. Roca, Esq. re OSC re Service); Filed by Julieta Payumo (Plaintiff)
Answer; Filed by Felicia Suzanne Fadlon (Defendant)
Demand for Jury Trial; Filed by Felicia Suzanne Fadlon (Defendant)
Proof of Service by Substituted Service; Filed by Julieta Payumo (Plaintiff)
at 08:30 AM in Department 7, Amy D. Hogue, Presiding; Ex-Parte Proceedings - Held - Motion Granted
at 08:30 AM in Department 7, Amy D. Hogue, Presiding; Jury Trial - Not Held - Advanced and Vacated
Order (on Plaintiff's Ex parte Application for Order to Continue Trial); Filed by Julieta Payumo (Plaintiff)
Ex Parte Application (to continue trial)
Minute Order ((Jury Trial; Ex-Parte Proceedings)); Filed by Clerk
at 10:00 AM in Department 7, Amy D. Hogue, Presiding; Final Status Conference - Held
Minute Order ((Final Status Conference)); Filed by Clerk
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Complaint; Filed by Julieta Payumo (Plaintiff)
Case Number: BC663755 Hearing Date: March 10, 2020 Dept: 27
[TENTATIVE] ORDER RE MOTION TO COMPEL DEPOSITION; MOTION TO DEEM RFAS ADMITTED
On February 10, 2020, Plaintiff Julieta Payumo served a notice of deposition on Defendant Felicia Fadlon for a deposition on February 20, 2020. On January 24, 2020, Plaintiff served requests for admission on Defendant. The earliest the responses could be due would be February 24, 2020. On February 14, 2020, Plaintiff filed a motion to compel the deposition, even though the noticed date was still six days in the future, and a motion to deem the RFAs admitted, even though the response date was at least ten days in the future. Plaintiff argued that it was filing those motions in case Defendant did not appear or did not serve RFA response.
Plaintiff cites no law that she may file “just in case” motions to compel. Because the allegedly wrongful act has not yet taken place, and Plaintiff can only surmise what might happen in the future, the motions fail to give Defendant notice of the dispute at issue. Further, the motions were set for hearing after the discovery motion cutoff date. (Code Civ. Proc. § 2024.020.) The current trial date is March 23, 2020, with a discovery motion cutoff date of March 9, 2020. These motions were set for hearing on March 10 and March 12. They are therefore too late.
For these reasons, the motions are DENIED.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.